The Department of Education appears to be leveraging the ongoing government shutdown to pursue its own agenda. From plans to potentially lay off nearly 500 staff members to Secretary Linda McMahon’s statements, this federal department—which President Trump has long wanted to dismantle—seems determined to create lasting changes during this shutdown, which has raised concerns among advocates.
“It’s absurd to think that the Trump administration has any genuine interest in maintaining the Department of Education or upholding civil rights enforcement federally,” remarked David Hinojosa, co-director of litigation at the National Youth Law Center.
President Trump has reportedly suggested that McMahon should take a step back from her role, having already signed an executive order aimed at reducing the workforce of government agencies. However, with the shutdown dragging on for over three weeks, McMahon seems to welcome this moment as an opportunity to push her agenda further.
“The Democratic government shutdown has compelled federal agencies to reconsider the importance of their responsibilities to the American public. After two weeks, millions of students are still in school, teachers continue to receive pay, and schools are running smoothly. This confirms the president’s viewpoint that the federal Department of Education may not be essential and that education responsibilities should revert to the states,” McMahon stated on the X show.
She also mentioned, “The Department is taking further measures to enhance communication with students and their families while also working to eliminate the excessive bureaucracy that has burdened states and educators.”
Currently, about 95% of the department’s staff are on furlough, civil rights investigations have ceased, and funding has been reduced for certain schools, particularly those dependent on Impact Aid. Yet, much of this year’s federal funding has already been allocated to K-12 institutions, so any additional repercussions may take some time to manifest. Federal funds typically account for around 10% of a school district’s budget.
Critics suggest that equating a government shutdown with the total absence of government functions is misleading. “That perspective seems quite disingenuous,” said John Vallant, director of the Brown Center on Education Policy at the Brookings Institution. “What this scenario illustrates is that the federal government has never directly managed schools. We’ve heard plenty of talk at the start of this administration about returning control of education to the states, but that was never an accurate depiction of reality.”
Vallant added, “When federal support diminishes, we tend to see a reduction in civil rights protections for students and potentially less funding access. It also results in fewer safeguards ensuring that funds are used appropriately and that students receive necessary services, along with diminished data and research on student performance across America.”
In the wake of the shutdown, President Trump initiated plans for mass layoff measures throughout the government, including cuts to the already minimized Department of Education. These reductions, which were blocked by the courts, were anticipated to have a significant impact on the office responsible for supporting students with disabilities and overseeing civil rights investigations, in addition to managing federal school funding.
McMahon has previously contended that these responsibilities should shift to other federal agencies or to the states themselves. Ideally, she believes civil rights investigations should fall under the Justice Department, oversight of the Educational Disabilities Act should belong to the Department of Health and Human Services, and student loans should be managed by the Treasury.
Despite facing opposition, efforts to trim the workforce could complicate states’ planning for future federal services, whether they agree with it or not. “I think it’s important for each state’s attorney general and education commissioner to discuss how they will address civil rights complaints locally. It makes sense for states to exercise their authority to explore solutions,” said Jonathan Butcher, Will Skillman Senior Fellow in Education Policy at the Heritage Foundation.
Even if these programs were reassigned to another federal agency, Butcher believes state school boards and districts would still need to adapt. “Can we not re-establish communication lines between the Justice Department, state attorneys general, and state education departments? I honestly don’t think that’s unrealistic… It’s really just another component of the executive branch that schools and state education departments need to engage with,” he remarked.
